The impeachment motion against the Chief Election Commissioner (CEC) Gyanesh Kumar has been rejected by both Houses of Parliament. The decision was taken by the Lok Sabha Speaker Om Birla and Rajya Sabha Chairman C. P. Radhakrishnan after the evaluation. This motion was backed by the Opposition members and they had alleged the bias in electoral processes.
Why the Impeachment Motion Was Filed
The Opposition had submitted several notice in both Lok Sabha and Rajya Sabha to seek the removal of CEC Gyanesh Kumar.
This removal motion had substantial backing of the,
- 130 MPs from Lok Sabha
- 63 MPs from Rajya Sabha
Despite this efforts both presiding officers have declined to admit the motion.
Process for Removal of the Chief Election Commissioner (CEC)
- The removal of the Chief Election Commissioner (CEC) is governed under the Article 324(5) of the Constitution.
- It states that the CEC can be removed only in the same manner and on the same grounds as the judge of the Supreme Court.
- The Article also provides that Election Commissioners can be removed only on the recommendation of the Chief Election Commissioner.
- The removal process is subject to laws enacted by Parliament.
Legal Framework
- Parliament enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- Section 11 of this Act deals with the resignation and removal process.
- It reiterates the constitutional provision that the CEC can only be removed in the same manner as a Supreme Court judge.
Grounds for Removal
The grounds for removal are the same as those applicable to Supreme Court judges under Article 124(4),
- Proved misbehaviour, or
- Incapacity
Parliamentary Procedure for Removal
| Step No. | Stage | What Happens |
| 1 | Initiation of Motion | Removal motion is proposed against the CEC (Gyanesh Kumar) with signatures of at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs |
| 2 | Admission of Motion | The Speaker (Lok Sabha) or Chairman (Rajya Sabha) decide to admit or reject the motion |
| 3 | Formation of Committee | If admitted the 3-member inquiry committee is formed (SC judge + HC Chief Justice + and distinguished jurist) |
| 4 | Investigation | The committee investigates allegations like misbehavior or incapacity |
| 5 | Submission of Report | Committee submits its report on removal. If the charges not proved the process ends. If proved it goes to Parliament back. |
| 6 | Parliamentary Voting | Both Houses have must pass the motion with,
|
| 7 | Final Order | The President of India (President of India) issues the order to remove the CEC |
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